Creative Civil Protection Order Remedies That Holistically Address Victim’s Safety and Cultural Needs (December 3, 2024)

PowerPoint Presentation for Creative Civil Protection Order Remedies

Webinar Description

In this national webinar, faculty will discuss the importance of protection orders and the remedies that most effectively protect immigrant victims and their children, as well as the role that no unlawful contact protection orders play for immigrant victims. Faculty will address these issues with a culturally sensitive lens by discussing factors such as the victim’s cultural, religious, immigration-related, financial, and other needs through creative protection order remedies. The presentation will also include protection order remedies that interfere with the levers of power and control being employed by the perpetrator against the victim. This webinar will be recorded and made available for viewing after the session.

Faculty

• Hon. Rosemary Collins (Ret.), 17th Judicial Circuit Court, Winnebago County, Illinois (Sep. 17)
• Hon. Susan Maven (Ret.), New Jersey Superior Court, Family Division, Juvenile Human Trafficking Diversion Program
• Leslye E. Orloff, Adjunct Professor and Director, NIWAP, American University Washington College of Law

Effective Protection Orders for Immigrant Survivors (August 17, 2023)

PowerPoint Presentation for Effective Protection Orders for Immigrant Survivors

Webinar Description

With support from trained victim advocates and attorneys, immigrant survivors are willing and able to successfully seek and obtain civil protection orders from state courts. Well-drafted protection orders play a crucial role in helping deter ongoing violence and abuse suffered by immigrant survivors of domestic violence, sexual assault, stalking, child abuse, and human trafficking, including those still living with, working for, or in the process of leaving their abusers. All immigrants are eligible to receive civil protection orders and issuance has no effect on immigration status. Attorneys, advocates, judges, and other professionals working with immigrant victims need legally accurate information about the special issues that arise at the intersection of state civil protection order and federal immigration laws. Join Hon. Lora Livingston, Hon. RosemaryCollins (Ret.), and Leslye E. Orloff for a discussion on how to use catchall provisions in state laws to issue protection orders that more effectively protect immigrant victims and their children. This national webinar will also address custody awards, U Visa certification, Special Immigrant Juvenile Status (SIJS) findings, protection order enforcement, and best practices for drafting court orders in protection proceedings.

Faculty 

• Hon. Lora Livingston (Ret.), Senior Judge, State of Texas, Austin, Texas 
• Hon. Rosemary Collins (Ret.), Circuit CourtJudge, 17th District Circuit Court,Winnebago County
• Leslye E. Orloff, Director, National Immigrant Women’s Advocacy Project (NIWAP), American University WashingtonCollege of Law 

Full List of Protection Order Materials

Selected Materials

Bench Book and Manual Chapters and Articles

• Immigrants and Protection Orders Bench Card (March 29, 2019)
• Chapter 05.1: Battered Immigrants and Civil Protection Orders (July 1, 2013) includes discussion of creative remedies
• Chapter 14.01: Protection Orders of Immigrant Victims for Sexual Assault (July 3, 2013)
• Court’s Role in Promoting Access to Justice for Immigrant Survivors, Justice for Families, Technical Assistance Newsletter (January 25, 2023)  

Protection Order Remedies, Creative Remedies, and Findings

• Creative Methods in Protecting Battered Immigrants (June 20, 2014)
• “Chapter 9 – Creative Use of Protection Orders in Battered Immigrant Cases” in Somewhere to Turn (July 2011)

Protection Orders: Statutes, Case Law, Enforcement, and Full Faith and Credit

• Domestic Violence Restraining Orders Available in every state. To look up protection order laws by state
• Sexual Assault, Stalking, Anti-Harassment, Extreme Risk Protection Orders Availability depends on the state. Look up by state
• Providing Legal Protection for Battered Women: An Analysis of State Statutes and Case Law (1993) Hofstra Law Review, Vol 21, Issue 4 **
• United States v. Dixon U.S. Supreme Court (December 2, 1992 – June 28, 1993)

Special Immigrant Juvenile Status Judicial Determinations In Protection Order Proceedings

• Special Immigrant Juvenile Status (SIJS) Judicial Determinations In Protection Order Cases, SIJS Bench Book Chapter V-2 – Civil Protection Orders Quick Reference Guide (November 1, 2017)

Custody in Protection Order Cases

• Appendix R – Custody in Protection Orders Proceedings (November 9, 2017)
• Best Interests of the Child Laws – State-by-State Comparison Maps and Charts (Updated July 7, 2021)

Protection Orders and Immigration Status

• Unintended Consequences: How Civil Protection Orders Affect Immigrants, Delaware Lawyer’s Magazine (Fall 2018)

Immigrants, Protections Orders and Jurisdiction

• Chapter 05.2: Ensuring Access to Protection Orders for Immigrant Victims of Family Violence (July 1, 2014)
• Chapter 15: Jurisdictionally Sound Protection Orders (July 3, 2013)

Research – Immigrant Victims and Protection Orders

• Immigrant Victims of Interpersonal Violence and Protection Orders (2020)
• Protection Orders and Battered Immigrants: The Impact of Attorneys and Advocates (June 20, 2014)
• Battered Immigrant Women in the United States and Protection Orders: An Exploratory Research (August 1, 2012)
• Use and Outcomes of Protection Orders by Battered Immigrant Women (2006)
• The Central Role of Victim Advocacy for Victim Safety While Victims’ Immigration Cases Are Pending (July 29, 2014)
• Transforming Lives: How the VAWA Self-Petition and the U Visa Change the Lives of Victims and Their Children After Work Authorization and Legal Immigration Status (April 12, 2021) *
• Promoting Access to Justice for Immigrant Crime Victims and Children: Findings of a National Judicial Survey and Policy Recommendations (2018)
• NCSC, White Paper: Improving the Courts’ Capacity to Serve Limited English Proficient Persons Seeking Protection Orders
• NCSC, Protection Orders and Limited English Proficient (LEP) Individuals
• National Center for State Courts: Serving Limited English Proficient (LEP) Battered Women: A National Survey of the Courts’ Capacity to Provide Protection Orders

U and T Visa Certification By Judges In Protection Order Cases

Toolkits, Bench Cards, Fact Sheets

• U Visa Certification and T Visa Declaration Toolkit for Federal, State and Local Judges, Commissioners, Magistrates and Other Judicial Officers (June 17, 2021)
• U Visa Quick Reference for Judges (October 14, 2020)

Public Benefits Access for Immigrant Victims

• Public Benefits Bench Card
• Public Benefits Map
• All State Public Benefits Charts and Interactive Map – by immigrant victim case type and benefits program (Updated 2021)

Resources on Stalking

• Judicial Officer Reminders for Stalking Behaviors (April 30, 2024)

Webinars

Civil Protection Orders

• Obtaining U Visa Certification from Judges in Protection Order, Family, Criminal, and Other State Court Proceedings (February 20, 2014)